Re: Request for comment on license file
Ben Finney <ben+debian@benfinney.id.au> writes:
> =====
> TORQUE v2.5+ Software License v1.1
>
> Copyright (c) 2010-2011 Adaptive Computing Enterprises, Inc. All rights reserved.
>
> Use this license to use or redistribute the TORQUE software v2.5+ and later versions.
Unproblematic text explaining the document purpose.
> -----------------------------------------------------------------------------------
> For free support for TORQUE users, questions should be emailed to the community of
> TORQUE users at torqueusers@supercluster.org. Users can also subscribe to the user
> mailing list at http://www.supercluster.org/mailman/listinfo/torqueusers.
>
> Customers using TORQUE that also are licensed users of Moab branded software from
> Adaptive Computing Inc. can get TORQUE support from Adaptive Computing via:
>
> Email: torque-support@adaptivecomputing.com.
>
> Phone: (801) 717-3700
>
> Web: www.adaptivecomputing.com www.clusterresources.com
> ----------------------------------------------------------------------------------
This block doesn't belong in a license document, and it would be better removed.
> This license covers use of the TORQUE v2.5 software (the "Software") at your site or
> location, and, for certain users, redistribution of the Software to other sites and
> locations. Later versions of TORQUE are also covered by this license.
This is a grant of license, which is distinct from the terms itself; but
no distinction is made in this document. Better to remove this also, in
my opinion.
Then the actual terms begin; it would be best to set this off clearly:
> Use and redistribution of TORQUE v2.5 in source and binary forms, with or without
> modification, are permitted provided that all of the following conditions are met.
>
> 1. Any Redistribution of source code must retain the above copyright notice and the
> acknowledgment contained in paragraph 5, this list of conditions and the disclaimer
> contained in paragraph 5.
>
> 2. Any Redistribution in binary form must reproduce the above copyright notice and the
> acknowledgment contained in paragraph 4, this list of conditions and the disclaimer
> contained in paragraph 5 in the documentation and/or other materials provided with
> the distribution.
>
> 3. Redistributions in any form must be accompanied by information on how to obtain
> complete source code for TORQUE and any modifications and/or additions to
> TORQUE. The source code must either be included in the distribution or be available
> for no more than the cost of distribution plus a nominal fee, and all modifications and
> additions to the Software must be freely redistributable by any party (including
> Licensor) without restriction.
>
> 4. All advertising materials mentioning features or use of the Software must display the
> following acknowledgment:
>
> "TORQUE is a modification of OpenPBS which was developed by NASA Ames
> Research Center, Lawrence Livermore National Laboratory, and Veridian
> Information Solutions, Inc. Visit www.clusterresources.com/products/ for more
> information about TORQUE and to download TORQUE.
>
> For information about Moab branded products and so receive support from Adaptive
> Computing for TORQUE, see www.adaptivecomputing.com.”
>
> 5. DISCLAIMER OF WARRANTY
>
> THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
> ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
> THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
> PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY
> DISCLAIMED.
>
> IN NO EVENT SHALL ADAPTIVE COMPUTING ENTERPRISES, INC.
> CORPORATION, ITS AFFILIATED COMPANIES, OR THE U.S. GOVERNMENT OR
> ANY OF ITS AGENCIES BE LIABLE FOR ANY DIRECT OR INDIRECT,
> INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
> (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
> OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
> HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
> CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
> OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
> EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This is a BSD-like license with the “obnoxious advertising clause”,
which is quite problematic. It imposes an unreasonable restriction on
someone distributing a work containing a large number of components.
Better to use a license without this clause, such as Expat license terms
<URL:http://www.jclark.com/xml/copying.txt> which is widely known to be
free without complications like this.
> This license will be governed by the laws of Utah, without reference
> to its choice of law rules.
At this point it appears the license terms end, and again it would be
best to mark this in the document clearly.
My opinion: The license is yet another custom-made license (contributing
to undesirable license proliferation), derived from a license text long
abandoned by the free software community for its problematic
restrictions.
Best would be to replace this with an unmodified, clearly-free license
text like the Expat <URL:http://www.jclark.com/xml/copying.txt> license
terms.
--
\ “Prediction is very difficult, especially of the future.” |
`\ —Niels Bohr |
_o__) |
Ben Finney
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